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All motor vehicles registered in South Australia must also carry Compulsory Third Party insurance (CTP). Anyone injured in a motor vehicle accident, as a result of the negligence of another motorist, may be able to make a claim against the negligent party though a third party insurer. The sole third-party insurer in South Australia is Allianz Australia.

The damages an injured party is entitled to receive will be reduced if some portion of the blame for the accident is attributed to them. We will advise you on our views as to liability once we are in possession of all the facts relating to the accident.

Assessing your Injuries

In July 2013 a reform of the Compulsory Third Party insurance came in to effect, and resulted in changes in the way that motor vehicle injuries are assessed under the Civil Liability Act SA (1936). The Accreditation and Referral Scheme (A&RS) was established to independently assess medical injuries. Your injury must be assessed through a health professional accredited under this scheme who will provide an independent and impartial report based on the results of the examination and a full medical review.

Based on objective medical evidence and an assessment of the impact of the injury on your life, your injury will then be assigned a numerical value on a scale called the Injury Scale Value (ISV). The ISV contains an extensive list of injuries that may be sustained through a motor vehicle accident and classifies them according to type. Each classification within the ISV is assigned a range of scores according to type and severity. The ISV score that your particular injury gets may also be adjusted based on taking in to account your age, life expectancy, pain, suffering and loss of amenities of life.

If you have sustained multiple injuries the final ISV will be based on the main injury. The main injury is the one that has the highest maximum ISV score. Separate injuries will not be assessed separately and added together, however their impacts may be considered and may result in an adjustment of the score within the range applicable to the main injury. If the impact of multiple injuries are is very severe that the maximum ISV score for the range applicable to the main injury is insufficient, the ISV may be increased above the range. However an ISV for multiple injuries should rarely be 25% higher than the maximum ISV for the dominant injury.

The ISV score will then allow for an assessment of compensation that you may be entitled to. Each score range is assigned a value range of compensation that a person with that particular type and severity of injury may be entitled to.

Heads of Damage

Your claim for damages incorporates a number of heads of damage which are as follows:

Non-Economic Loss

Pain and suffering

You may be entitled to damages of non–economic loss is respect of the injury that you have sustained. As a result of amendments made to the Motor Vehicles Act in 1987 you may be eligible for damages for non-economic loss if you can prove that your ability to lead a normal life has been significantly affected for at least seven (7) days. If you have an ISV score in excess of 10 you may be entitled to compensation for your injury.

Mental Harm

You may be entitled to compensation for mental harm if you were either injured or present at the scene of the accident when the accident occurred. You may also be entitled to compensation if you are a parent, spouse, domestic partner or child of a person killed, injured or endangered in the accident and if the harm consists of a recognised psychiatric illness.

Economic Loss

If you lose income as a result of your injuries then, with the exception of your first week off work, you are entitled to compensation on a net of tax basis. Equally, any damages that you receive are currently not taxable. You may be entitled to damages for past economic loss, which is for loss of income from the date of the accident to the date of settlement of your claim. This is on a net tax basis and is currently not taxable.

Further, where you have sustained a permanent injury which exceeds an ISV of 7 and impacts your future ability to work, you may be entitled to an assessment of damages of your future economic loss being from the date of settlement of your claim into the future. There is also provision for cases where the ISV does not exceed 7 but are deemed to warrant compensation as it would be harsh or unjust not to do so.

Gratuitous Services

Damages may be awarded under this heading for voluntary care and assistance provided to you during any periods of incapacity which arise as a result of your injury by a relative or a close friend. Damages may only be awarded if services are provided or are to be provided for at least six (6) hours per week for a period of at least six (6) consecutive months and the ISV score exceeds 10.

If for example a spouse, relative or close friend provides assistance with caring for you by washing bandages or performing household chores, then a claim may be made by way of compensation.

The prescribed rate of gratuitous services is $25 per hour. A record will need to be kept of the nature of the assistance, the periods of such assistance and by whom the assistance was provided.

Past & Future Special Damage

If you are successful in proving your injuries, you have a claim for medical and like expenses properly incurred as a result of your injuries.

Special Circumstances

Minors

All children under the age of 16 who are injured in a motor vehicle accident in South Australia on or after 1 July 2013 are immediately entitled to have the cost of their treatment, care and support paid regardless of who was at fault and even if no one was at fault.

Lifetime support scheme

All catastrophically injured motorists are entitled to lifetime care and support irrespective to the apportionment of fault for a crash that occurs in South Australia as per the Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013. Under this scheme all of the necessary and reasonable expenses incurred by or on behalf of a catastrophically injured person are paid for whilst the person is a participant of the scheme. If an individual receives lifetime support under this scheme then no further damages may be awarded in respect of the Civil Liability Act

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